Unlawful taking

Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

218 Matters of ownership

(1)

For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—

(a)

possession or control of the property; or

(b)

any interest in the property; or

(c)

the right to take possession or control of the property.

(2)

An owner of any property may be guilty of theft against another owner of that property.

(3)

All living creatures wild by nature, such as are not commonly found in a condition of natural liberty in New Zealand, are, if kept in a state of confinement, capable of being stolen, not only while so confined, but after they have escaped from confinement.

(4)

All other living creatures wild by nature are, if kept in a state of confinement, capable of being stolen so long as they remain in confinement, or are being pursued upon escaping from confinement.

(5)

A wild living creature is in a state of confinement so long as it is in an enclosure designed to prevent escape, or otherwise secured, and to allow its owner to take possession of it when he or she pleases.

(6)

Shellfish of all types are capable of being stolen when in oyster beds, marine farms, layings, and fisheries that are the property of any person and that are sufficiently marked out or shown as such property.

Compare: 1961 No 43 ss 219, 225

Section 218: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).